Dearborn v. Turner
Supreme Judicial Court of Maine
TROveb. for a cow and calf, on a statement of facts agreed. The plaintiffj being then the owner of the ców, on the 22d of April 1836, delivered her to one Nason under the following agreement. “ Monmouth, April 22, 1836 ; Rec’d of F. W. Dearborn, one four year old cow, and a calf by her side, which I promise to return to him in Augusta in one year from this date, with a calf by her side, or pay twenty-two dollars and fifty cents. Wm. H. Na-son.”
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TROveb. for a cow and calf, on a statement of facts agreed. The plaintiffj being then the owner of the ców, on the 22d of April 1836, delivered her to one Nason under the following agreement. “ Monmouth, April 22, 1836 ; Rec’d of F. W. Dearborn, one four year old cow, and a calf by her side, which I promise to return to him in Augusta in one year from this date, with a calf by her side, or pay twenty-two dollars and fifty cents. Wm. H. Na-son.” Within the year Nason, without the knowledge of the plaintiff, sold the cow to the defendant, who paid him therefor* The plaintiff has not been paid…
1Opinion of the Court
The opinion of the Court was subsequently drawn up by
Weston C. J.
The plaintiff delivered to Nason a cowand a calf, for which he took his written promise, to return the samo cow within a year, with a calf by her side, or to pay twenty-two dollars and fifty cents. We are very clear, that the security of the *18plaintiff vested in contract; and that Nason, having the alternative to return or pay, the property passed to him, and he was at liberty to sell the cow. Tibbets v. Towle, 3 Fairf. 341, was a very different case-. There the plaintiff expressly reserved to himself the title to the oxen, until…
2Cited by5 opinions
- William Frantz & Co. v. FinkSupreme Court of Louisiana · 1909
- Buswell v. BicknellSupreme Judicial Court of Maine · 1840
- Concordia Fire Ins. Co. of Milwaukee v. McCarty Motor Co.Court of Appeals of Texas · 1931
- Jacob Strauss Saddlery Co. v. Kingman & Co.Missouri Court of Appeals · 1890
- Wm. Franz & Co v. FinkLouisiana Court of Appeal · 1909